Superior Court of Pennsylvania December 10, 1982, 2056 (Mischenko v. Gowton)

BROSKY, Judge:

This appeal is from a dismissal of a petition to strike or open a default judgment. The issue before us is whether a lack of proper service, in the face of actual notice can excuse a failure to promptly file a petition to open. Although this issue was raised before it, the lower court failed to reach this argument.